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Show O'BRIEN'S TESTIMONY IN QUIGLEY MURDER HEARING IS UNSHAKEN Witness Denies He Invited Quigley to Enter the Rooming House Where Philbrook Offered Beer to the Old Miner Attorney Soren X. Christensen Cross-examining in Defense of Philbrook. The preliminary hearing of Frank Philbrook, charged with the murder of Patrick Quigley.. was continued today in Municipal Judge Barker's court, At the morning session the cross-examination of James O'Brien was again taken up by Attorney Soren X. Christensen, Christ-ensen, counsel for the defense. For the apparent purpose of establishing the physical and mental condition of Quigley and the witness on the evening even-ing of January 17, the attorney secured secur-ed a review of the entire story from O'Brien. Concerning this aspect of the case, the witness mentioned circumstances tending to prove that both the old miner and he were drunk and that the former had a pape'r in his possession posses-sion signifying that he was under the care of a physician. ' Asked if he did not Invite Philbrook, Powers, Flynn and Quigley Into the rooming house, at 352 Twenty-fifth street, to have a drink of beer, O'Brien answered In the negative and reiterated reiterat-ed his previous statement that Philbrook Phil-brook did the inviting. He also said that Quigley was the last one to climb the stair and that he did so unassisted. unassist-ed. In answer to further questions, the witness said he did not see anyone any-one search Quigley's pockets, but that the money divided by Philbrook, with him and Powers, was taken by the defendant de-fendant from a tobacco sack, similar to one he saw in Quigley's possession at the St. Louis saloon the same evening. even-ing. He also stated that Philbrook, Powers and himself drank a bottle of the beer purchased by Quigley, after they had carried the latter to his room, and that two bottles were left In the bureau drawer. This contradicts contra-dicts the statement made by Mrs. Fannie Fan-nie Dawson at tho opening of tho hearing, hear-ing, that Quigley or O'Brien went to the former's room early In the evening, even-ing, procured two bottles of beer and brought them into the dining room. The hearing was being continued this afternoon. |